European Court throws out Boomerang trademark appeal

Cartoon Network Inc has lost the latest round of its trademark dispute with the Spanish production company Boomerang TV.

The broadcaster has long since argued that the Madrid-based company might be mistaken for its archive animation channel.

The 6th Chamber of the European Court dismissed Cartoon Network’s request to have an earlier judgement of the General Court of the European Union set aside. In the process the Court heavily criticised the Turner Broadcasting channel for bringing the appeal in the first place.

“The appeal must be dismissed in its entirety as being, in part, manifestly unfounded and, in part, manifestly inadmissible,” it said in its judgment.

In its argument Cartoon Network said the Court had not been provided with a proper statement of reasons as to why it the relevant public under the judgment it had been concluded that the audience consisted entirely of professionals. The court said reasons had been given and this element of the appeal was rejected as being “manifestly unfounded”.

The court also rejected Cartoon Network’s criticism that it had relied too much on the example of the BBC.